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(영문) 대구지방법원 김천지원 2015.01.28 2014고단990

사기

Text

The defendant shall be innocent.

Reasons

1. On April 1, 2010, the Defendant: (a) made a false statement in the facts charged that “E” was a person who manufactures machinery and equipment; (b) manufactured machinery and equipment on a personal basis; (c) supplied machinery and equipment to the headquarters; and (d) supplied the machinery and equipment to the headquarters by the end of the next month.”

However, the Defendant, at the time, was unable to pay the individual debt to other transaction parties in excess of the debt amounting to 65 million won. Even if the Defendant received the payment from the prime contractor (main contractor) from the prime contractor, he did not pay it to the victim and did not have the intent or ability to pay the above part to the victim within the agreed period because he did not use it first for living expenses, personnel expenses, repayment of other debts, etc.

As above, the Defendant, as from April 1, 2010, by deceiving the victim and being supplied with nine parts of machinery equivalent to KRW 329,100 at the market price, such as CYIND SERM 50-75, etc., from that time, from around the time when the Defendant received nine parts of machinery from the victim.

7. Until December 13, 199, the total market price of KRW 9,981,290 in the indictment of KRW 10,255,200 in four times in the same manner as written in the annexed list of crimes seems to be written in writing in calculation.

There were 50 parts of machines supplied.

2. According to the records, the following facts are revealed: (a) at the time when the Defendant was supplied with machinery parts from D, the Defendant was liable for an amount equivalent to KRW 65 million; (b) as the Defendant did not pay the said parts to D; and (c) the Defendant filed a complaint on March 29, 2013; and (d) the Defendant paid the full amount of the parts to D around October 16, 2014; (i) Meanwhile, the Defendant is a transactional relationship such as the supply of parts or the manufacture and supply of equipment to other companies, other than the main contractor, at the time of being supplied with the machinery parts from D.